Mental illness and individual rights were part of the discussion of a proposed Emergency Response Protection Order law during an hours-long public hearing on April 5 in the Maine State Capitol.
Hundreds of people submitted written statements both for and against the proposed law. Dozens more made the trek to Room 438 in the Maine State House to address the Judiciary Committee.
Maine House Speaker Rachel Talbot Ross (D-Portland) is the sponsor for LB2283, the “Crisis Intervention Order Act.” At the hearing, she said she had been approached about amending the bill to include dangerous weapons other than firearms.
Ms. Ross said her bill, LB2283, isn’t meant to abolish Maine’s “Yellow Flag” law, which has been in place since 2019. She said the new law addresses what some consider inadequacies in the existing law.
Detractors of the current law say it is difficult for law enforcement to enforce and doesn’t allow family members to get help when someone is presenting a danger to themselves, their family, or their community.
While many supporters of the red flag law claim Maine’s current law requires law enforcement to diagnose mental illness, the words diagnose and illness are not found in the statute. According to the law, police must have the person evaluated by a “medical practitioner.”
Once that determination is made, law enforcement can petition a court to restrict the person’s ability to possess or access guns. The law doesn’t specify who can call law enforcement.
If the order is granted, the person subject to it will be prohibited from possessing or obtaining firearms. The law calls for a hearing in which the subject would answer any allegations made against him.
The law would also allow emergency orders in which a judge could act without notifying the person.
While the law requires the petitioner to file a sworn affidavit with the court, an emergency order allows filing the affidavit by telephone or email.
Nicole Palmer, executive director of the Main Gun Safety Coalition, calls the bill a “true ERPO bill,” which refers to an Extreme Risk Protection Order. She told the hearing that 1,000 people had demonstrated at the Maine State Capitol last January demanding the bill, and at least 100 more were willing to testify at the hearing in support of the legislation.
“Maine families need a true ERPO,” she said.
Betsy Healy of Peaks Island said the state’s “Yellow Flag Law” is flawed in part because it requires a mental health evaluation before a person’s access to firearms is restricted. She and other bill supporters say the current law is too narrow in requiring a diagnosis of mental illness before a person’s right to access guns is restricted.
She said the proposed law would allow a court to address the threat from a truly dangerous person more efficiently.
“Not every person in danger of hurting themselves or others is mentally ill,” she said.
Dr. Paul Cain, president of the Maine Medical Association, agreed. He said doctors who must deal with shooting victims believe that the yellow flag law is insufficient.
“The Yellow Flag Law unnecessarily stigmatizes mental illness,” he said. “[The Red Flag Law] is a well-established approach proven to work in other states.”
The push for the red flag law is in response to the Oct. 25, 2023, mass shooting in Lewiston, Maine, which left 18 people dead and 13 others injured at Schemengees Bar and Grille and the Just-In-Time Recreation bowling alley, both located just four miles apart. The killer was found dead two days later, about 10 miles from the site of the shootings.
He had been treated for mental health problems, including “hearing voices and threats to shoot up the National Guard base in Saco, [Maine],” a police bulletin stated at the time. He was also admitted to an unspecified facility for mental health treatment for two weeks over the summer, authorities said last October.
Jonathan Martell of Sanford called the push for a red flag law a “knee-jerk reaction.” He said the bill contained confusing and subjective language that would illegally deprive people of their property and constitutional rights while doing nothing to keep anyone safe.
He said he has had friends harassed and persecuted by people who made false accusations in court. One of the committee members pointed out that the law requires any complaints to be made in an affidavit.
A Piece of Paper
“How much is someone’s word worth? It’s a piece of paper. Does that mean [the allegation] happened? No,” he said.Jody West of Benton expressed concern that the proposed law would make it impossible to hold law enforcement agencies accountable for the loss or damage to confiscated firearms. He said agencies that take private property should be responsible for properly caring for that property until it’s returned to its legal owner.
“Why should law enforcement have complete immunity? Why would that be in this bill?” he asked.
Maine’s yellow flag law—the first of its kind—was passed in 2019 to prevent mass shootings.
A Natural Reaction
“It’s based on a natural reaction,” Ms. Keim said.Under the yellow flag law, a person concerned that someone is dangerous would notify law enforcement. Then, the responding agency would request a mental health evaluation from a medical professional, such as a psychologist, psychiatrist, or doctor, among others. If the person is found to be a danger, they can be restricted from possessing or obtaining firearms.
According to Ms. Keim, this process preserves a person’s constitutional rights throughout. She said the law has one major shortcoming.
“A law that’s not utilized is not effective,” she said.
An interim report from a commission established to investigate the Oct. 25, 2023 shooting agrees.
However, the report lays the responsibility for the deaths and injuries at the killer’s feet.
The interim report also states that the investigation is ongoing, and more information will be released as it becomes available.
“Robert Card Jr. is solely responsible for his own conduct, and he may have committed a mass shooting even if the guns he possessed in September 2023 were removed from his house. Nevertheless, there were several opportunities that, if taken, may have changed the course of events,” the report reads.
